Opinion
07-01-2016
The PEOPLE of the State of New York ex rel. Stephan HOUSTON, Petitioner–Appellant, v. Anthony ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent–Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan of Counsel), for Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered May 13, 2015 in a habeas corpus proceeding. The judgment dismissed the petition.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for Petitioner–Appellant.
Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan of Counsel), for Respondent–Respondent.
Opinion
MEMORANDUM:
Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus in which he sought release from state prison on the ground that his parole revocation hearing was not held within 90 days of his waiver of his right to a preliminary hearing (see Executive Law § 259–i[3][f][i] ; People ex rel. Gray v. Campbell, 241 A.D.2d 723, 724, 660 N.Y.S.2d 186 ). Inasmuch as petitioner has again been released to parole supervision, this appeal is moot (see People ex rel. Yourdon v. Semrau, 133 A.D.3d 1351, 1351, 19 N.Y.S.3d 456 ; People ex rel. Aikens v. Brown, 103 A.D.3d 1212, 1213, 958 N.Y.S.2d 913 ). We conclude that the exception to the mootness doctrine does not apply (see Yourdon, 133 A.D.3d at 1351, 19 N.Y.S.3d 456 ; Brown, 103 A.D.3d at 1213, 958 N.Y.S.2d 913 ; see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
SMITH, J.P., CENTRA, CARNI, CURRAN, and SCUDDER, JJ., concur.